According to a new report, the German government will legalize marijuana by creating a pilot program for commercial sales through an administrative process, rather than having lawmakers pass a separate bill to enact the reform law as originally expected. The company is said to be proceeding with the second stage of its transformation.
While it has long been thought that achieving the second “pillar” of legalization would require lawmakers to introduce and pass a complementary sales bill, the federal government clearly has the potential to accelerate enforcement. appears to be adopting a certain rulemaking approach.
The legalization of cannabis was implemented under a bill led by the Federal Ministry of Health that came into force early last month. Adults can now own and grow cannabis, as well as access it by joining cooperatives expected to be established in July. However, there is currently no commercial framework for sale.
However, according to the Tagesspiegel background, the legislation already in place also provides regulatory discretion that builds on the first reform. This means that the federal Department of Agriculture is authorized to establish rules to create commercial pilot programs that allow adults to purchase cannabis in certain jurisdictions without additional legislative action.
Of course, this could also mean that the reforms implemented could be more easily reversed by future administrations. But in the short term, it could speed up the sales process.
Agriculture officials have reportedly circulated a letter seeking comment on potential regulations to allow retail sales under the pilot program, with comments due by May 10.
Health Minister Karl Lauterbach, who has been leading the government's cannabis legalization efforts, told federal parliamentarians in December that he was “currently considering” commercial sales plans. But as legalization takes effect, there is increasing pressure to speed up the process.
Meanwhile, the Bundesrat, which represents each state, previously tried to block the legalization bill passed last September, but ultimately failed.
Nevertheless, Bundesrats ultimately reached an agreement with Lauterbach and other government ministers, refusing to refer the cannabis bill to a conciliation committee, which would have delayed its implementation by six months.
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Germany's federal cabinet approved the initial framework for legalization measures at the end of 2022, but the government also said it wanted approval from the EU to ensure that the implementation of the reforms does not violate international obligations.
Authorities have taken the first step towards legalization in 2022, starting a series of public hearings aimed at disseminating the bill to end the country's prohibition law.
Government officials from several countries, including the United States, also met in Germany last November to discuss international marijuana policy issues as host countries work toward legalization.
A group of German parliamentarians and drug enforcement official Burkhard Breinert made separate visits to the United States in 2022 to tour cannabis businesses in California and inform their country's approach to legalization.
The visit came after government officials from Germany, Luxembourg, Malta and the Netherlands held their first meeting to discuss plans and challenges related to the legalization of recreational cannabis.
Coalition leaders announced they had reached an agreement to end cannabis prohibition and create regulations for the legal industry in 2021, and previewed some details of the plan for the first time last year.
A new international poll published in 2022 found that majorities in several major European countries, including Germany, support legalization.
Meanwhile, the United Nations drug control agency recently reiterated that it considers the legalization of cannabis for non-medical or scientific purposes to be a violation of international treaties, even as the German government scaled back its cannabis plans ahead of a recent vote. He also said that he appreciated that. .
Former DEA chief says marijuana date change 'reflects reality' of public support for reform
Photo by Chris Wallis // Side pocket image.
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